WHEREAS, the Borough of Edgewater (hereinafter the “Borough”) has receivedand expects to continue to receive requests to site wireless communication towers andantennae within its municipal boundaries; and,

WHEREAS, the Borough finds that it is in the public interest to permit the sitingof wireless communication towers and antennae within the municipal boundaries; and,

WHEREAS, the Federal Telecommunications Act of 1996 (“Act”),47U.S.C.332(c) et. seq., which governs the

construction and placement of wireless communication

towers and antennae, preserves local government authority to enforce zoningrequirements that protect public health, safety and the general welfare; and,

WHEREAS, the New Jersey Legislature has recently amended the MunicipalLand Use Law, N.J.S.A. 40:55D-70, in order to clarify the appropriate standardsregarding variances for inherently beneficial uses; and,

WHEREAS, the Mayor and Council of the Borough of Edgewater finds thatwhile it must accommodate the communication needs of the Borough’s residents andbusinesses, it must also protect the public health, safety and general welfare of theBorough; and,

WHEREAS, the Edgewater Governing Body finds that co-location of antennaeupon existing towers best

serves these purposes, and;

WHEREAS, the Mayor and Council of the Borough of Edgewater further deemsit in the best interests of its residents to revise the established general guidelines for theplacement of wireless communication towers and antennae to

accommodate thecommunication needs of its residents, while protecting the public health, safety andgeneral welfare of the Borough.

NOW, THEREFORE, BE IT ORDAINED

by the Mayor and Council of theBorough of Edgewater, that Article XVI of Chapter 249 ofthe Borough Code, entitled“Wireless Telecommunication Towers and Antennae”, is hereby deleted in its entiretyand replaced with the following language:

SECTION1:

CREATION OF ANEWSECTION249-111,ENTITLED“DEFINITIONS”.

A new Section 249-111 is hereby established, entitled “Definitions”, which shallread as follows:

§ 249-111. Definitions. As used in this Ordinance, the following terms shall have themeanings indicated:

a. “Alternative tower structure” shall include but not be limited to man-made trees, clock towers, bell steeples and similar alternative-designmounting structures that camouflage or conceal the presence of antennaeor towers.

that connect a provider’stowers/cell sites to one or more cellular telephone switching offices,and/or long distance providers, or the public switched telephone network.

d.“Co-location”

shall mean when two or more receiving and/ortransmitting

facilities are placed together on the same tower or monopole.

e. “FAA” shall mean the Federal Aviation Administration.

f. “FCC” shall mean the Federal Communications Commission.

g. “Governing authority” shall mean the Mayor and Council of theBorough of Edgewater, and/or its designated agents, employees andrepresentatives.

h. “Planning Board” shall mean the Edgewater Planning Board, whosestatutory authority is defined by the Municipal Land Use LawN.J.S.A.

40:55D-1,

et seq.

i.“Preexisting towers and

antennae” shall have the meaning set forth inSection 2(c) of this Ordinance.

j.

“Height” shall mean, when referring to a tower or other structure, thedistance measured from the finished grade of the parcel to the highestpoint on the tower or other structure,including any rooftop appurtenanceon an existing structure, andincluding the base pad and any antenna, evenif said highest point is an antenna.

k. “Public officer” shall mean the zoning official of the Borough ofEdgewater.

l. “Tower” shall mean any structure that is designed and constructedprimarily for the purpose of supporting one or more antennae, includingbut not limited to self-supporting lattice towers, guy towers or monopoletowers. The term includes radio and television transmission towers,microwave towers, common-carrier towers, cellular telephone towers,alternative tower structures and the like. The term includes the structureand any supports thereto.

m. “Municipal Land Use Law” shall mean Municipal Land Use LawN.J.S.A.40:55D-1et seq.

SECTION2:

CREATION OF A NEWSECTION249-112,ENTITLED“APPLICABILITY”.

A new Section 249-112 is hereby established, entitled “Applicability”, whichshall read as follows:

§249-112. Applicability.

a. New Towers and Antennas. All new towers or antennas to be sited in theBorough of Edgewater shall be subject to these regulations.

3

b. District Height Limitations. The requirements set forth in thisOrdinance shall govern the heights of all towers and antennae to beconstructed in each zoning district. The height limitations applicable tobuildings and structures shall not apply to towers and antennae

facilities.

c. Pre-Existing Towers and Antennae. Any wireless communication toweror antenna on which a permit has been properly issued prior to theeffective date of this Ordinance shall not be required to meet therequirements of this Ordinance, other than the requirements of Sections3(e) and 3(f). This includes permitted towers or antennae that have not yetbeen constructed, so long as such approvalis current and not expired. Anysuch towers or antennae shall be referred to in this Ordinance as‘‘preexisting antennae”.

a. Purpose;Goals.The purpose of this Ordinance is to establish generalguidelines for the siting of wireless communication towers and antennae.The goals of this Ordinance are to: (1) protect residential areas and landuses from potential adverse impacts of towers and antennas; (2) encouragethe location of towers in non-residential areas; (3) minimize the totalnumber

of towers throughout the community; (4) strongly encourage thejoint use of new and existing tower sites as a primary option rather thanconstruction of additional single-use towers; (5) encourage users of towersand antennas to locate them, to

the extent possible, in areas where theadverse impact on the community is minimal; (6) encourage users oftowers and antennae to configure them in a way that minimizes theadverse visual impact of the towers and antennas through careful design,siting, landscape screening, and innovative camouflaging techniques; (7)enhance the ability of the providers of telecommunications services toprovide such services to the community quickly, effectively andefficiently; (8) require that such towers are properly constructed,maintained and dismantled, and that appropriate security is posted toensure same, and the safety of Borough residents; (9) consider the publichealth and safety of communication towers; and (10) avoid potentialdamage to adjacent properties from tower failure through engineering andcareful siting of tower structures. In furtherance of these goals, thePlanning Board shall give due consideration to the Borough ofEdgewater’s master plan, zoning map, existing land uses andenvironmentally sensitive areas in approving sites for the location oftowers and antennae.

b. Principal or Accessory Use. Antennae may be considered eitherprincipal or accessory uses, and towers shall be considered a principal useonly. A different existing use of an existing structure on the same lot shallnot preclude the installation of an antenna on such lot, but shall precludethe construction of a tower. For the purpose of determining whether theinstallation of a tower or antenna complies with zoning regulations,including but not limited to set-back requirements, lot-coveragerequirements and other such requirements, the dimensions of the entire lotshall control, even though the antennae or towers may be located on leasedparcels within such lots.

4

c. Inventory ofExisting Sites. Each applicant for an antenna and/or towershall provide to the Planning Board an inventory of all existing towers,antennae or sites approved for towers or antennae that are both within thejurisdiction of the governing authority and within a one-quarter mile of theborder thereof, including specific information about the location, height

and design of each tower.

d. Aesthetics; Lighting. The guidelines set forth in this Section 3(d) shallgovern the aesthetic appearance of all towers and the installation of allantennae governed by this Ordinance; provided, however, that thePlanning Board may grant variances to these requirements if it determinesthat the goals of this Ordinance are better served thereby and inaccordance with the Municipal Land Use Law (“MLUL”).

(1) Towers shall maintain a galvanized steel finish,

subject to any applicable standards of the FAA, and shallbe painted a neutral color so as to reduce visualobtrusiveness. Colors, textures, screening, camouflage

andlandscaping shall

be used to blend the tower facilities to thenatural setting and surrounding environment.

(2) If an antenna is installed on a structure other

than a tower, the antenna and supporting electrical

and mechanical equipment shall

becamouflaged soas tomake the antenna and related equipment as visuallyunobtrusive as possible.

(3) Towers shall not be artificially lighted unless

required by the FAA or other applicable authority.

If lighting is required, the Planning Board may

review the available lighting alternatives and

approve the design that would cause the least

disturbance to the surrounding views and residential areas.

e.FederalRequirements. All towers must meet or exceed currentstandards and regulations of the FAA, FCC and any other agency of theFederal Government with the authority to regulate towers and antennae. Ifsuch standards and regulations are changed, then the owners of the towersand antennae governed by this Ordinance shall bring such towers andantennae into compliance with

such revised standards and regulationswithin six (6) months of the effective date of such standards andregulations, unless a more stringent compliance schedule is mandated bythe controlling federal agency. Failure to bring towers and antennae intocompliance with such revised standards and regulations shall constitutegrounds for the removal of the tower or antenna at the owner’s expense.Any such removal shall be ordered by the Planning Board, as all approvalsgranted herein shall be unequivocally deemed conditional approvalssubject to this provision, or by order of the Edgewater ConstructionOfficial.

f. Building Codes; Safety Standards. To ensure the structural integrity ofall wireless communication towers within the Borough of Edgewater, theowner of each tower shall ensure that the tower is maintained incompliance with standards contained in the BOCA building code and theapplicable standards for towers that are published by the ElectronicIndustries Association as amended from time to time.If, upon inspection,the governing authority concludes that a tower fails to comply with suchcodes and standards and constitutes a danger to persons or property, then,upon notice being provided to the owner of the tower, the owner shallhave ten (10) days to bring such tower into compliance with such

5

standards. If the owner fails to bring such tower into compliance withinsaid ten (10) days, then the Mayor and Council, in conjunction with theBorough of Edgewater’s Construction Code Official, may order theremoval of such tower at the owner’s expense, and lien the property for allcosts incurred, including professional fees expended.

g. Signs. No signs or other nonessential accoutrements shall be allowedon any antenna or tower, with the exception of warning signs or othersigns required by Federal, State or local law.

h. Buildings and support equipment associated with the antennae or towersshall comply with the requirements of Section VII.

i. Access Road. All access roads leading to the tower and antennae areashall be paved with asphalt. The access road shall include an area forsufficient parking and turnaround radius for at least one (1) vehicle.

j.

Not Essential Services.Towers and antennae shall be regulated andpermitted pursuant to this Ordinance, and shall not be regulated orpermitted as essential services, public utilities, or private utilities.

k. Franchises.Owners and/or operators of towers or antennae shall certifythat all franchises required by law for the construction and/or operation ofa wireless communication system in the Borough of Edgewater have beenobtained, and shall file a copy of all required franchises with the Clerk ofthe Borough of Edgewater, who shall distribute copies of same to theBorough Construction Official and

Edgewater Building Department.

l. Maximum Tower Height: The maximum height of any tower shall notexceedseventy (70) feet. For purposes of measurement, the maximumtower height shall include any structures supported by the tower and anyantenna.

b. Specific Permitted Uses. The following uses are specifically permitted:

(1) Locating a tower, including the placement of supportingequipment used in connection with saidtower, in the R-3,R-4, R-5, SRH, MCRD, CBD, B-1, B-2, B-2A, B3, B-4and OR-1 Zoning Districts; provided, however, that suchtower shall be set back from any existing off-site residencea distance equal to the height of the tower;

(2) Installing an antenna on an existing structure other thana tower (such as a building, sign, light pole, water tower orother free-standing

structure) that isno less thansixty (60)feetin height, so long as said antenna adds no more than

6

ten (10) feet to the height of said existing structure;provided, however, that the aforesaid height restrictionsshall not apply to any structures owned by the Borough ofEdgewater; and

(3) Installing an antenna on any existing tower of anyheight, so long as the addition of said antenna adds no morethan ten (10) feet to the height of said existing tower.

(1) The Edgewater Planning Board has exclusive jurisdiction pursuant to theMLUL and this Ordinance, unless it is determined that the Edgewater Board ofAdjustment has jurisdiction, pursuant to the provisions of the Municipal Land UseLaw, N.J.S.A. 40:55D-1et seq., at which point the provisions of thisOrdinanceshall apply to the Edgewater Board of Adjustment.

(2) Each applicant for administrative approval shall apply to the Planning Boardor the Zoning Board of Adjustment as indicatedsupra, providing the informationrequired in this Ordinance, together with a nonrefundable fee as established byresolution of the Planning Board to reimburse the Borough of Edgewater for thecosts of reviewing the application.

(3) The Planning Board or the Zoning Board of Adjustment,

as indicatedsupra,shall review the

application and determine if the proposed use complies with theprovisions of this Ordinance.

SECTION6:

CREATION OF A NEWSECTION249-116,ENTITLED“NON-PERMITTED

TOWERS AND ANTENNAE”.

A new section 249-116 is herebyestablished, entitled “Non-permitted towers andantennae”, which shall read as follows:

§249-116. Conditional use permits.

a.Applicability.

If the tower or antenna isnot a permitted use underSection 4 of this Ordinance, thenthe applicant shall be required to submitits

application to the Edgewater Zoning Board of Adjustment for a usevariance, pursuant to N.J.S.A. 40:55D-1,etseq., which shall havejurisdiction over the application.

(1)

In granting a usevariance, theZoning Board ofAdjustment

may impose conditions to the extent theBoard

concludes

that

such conditions are necessary to minimizeany adverse effect of the proposed tower

or antennaefacility

on adjoining properties.

(2) Upon either filing, i.e., use permits or site planapproval, all proofs of an engineering nature that theapplicant submits, whether civil, mechanical or electrical,shall be certified by a licensed professional engineer.

to reimburse theBorough of Edgewater for the costs of reviewing theapplication.

b. Information Required. Each applicant requesting ausevariance

underthis Ordinance shall submit the following information:

(1) A scaled site plan clearly indicating the location, typeand height of the proposed tower or antennae, on-site landuses and zoning,

adjacent land uses and zoning (including,when adjacent to other municipalities, Master Planclassification of the site), adjacent roadways, proposedmeans of access, setbacks from property lines, elevationdrawings of the proposed tower or antennae and any otherstructures, topography, parking andother informationdeemed by the Board

(4) The separation distance from other towers and antennaedescribed in the inventory of existing sites submittedpursuant to Section 3(c)

shall be shown on an updated siteplan or map. The applicant shall also identify the type ofconstruction of the existing tower(s) and antennae and theowner/operator of the existing tower(s) and antennae.

(5) A landscape plan showing specific landscapematerials.

(6) Method of fencing, finished color, camouflage andillumination.

(7) A description of compliance with Section

3 and allapplicable federal, state or local laws.

(8)A notarized statement supported by appropriateengineering and supportingdata demonstrating how theconstruction of the tower or antennae facility willaccommodate collocation of additional antennas for futurereference.

(9) Identification of the entities providing the backhaulnetwork for the tower(s) or antennae described in

theapplication and other cellular sites owned or operated bythe applicant in the municipality.

(10) A description of the suitability of the use of existingtowers, antennae sites or other structures or alternativetechnology not requiring the use of towers or structures toprovide the services to be provided through the use of theproposed new tower or antennae.

8

(11) Line of sight analysis detailing the view of theproposed tower or antennae from various directions andangles from adjacent residential

c. Factors Considered in Granting UseVariances. TheEdgewater ZoningBoard of Adjustment

shall consider the following factors in determiningwhether to issue a usevariance.

(1) Height of the proposed tower;

(2) Proximity of the tower to residential structures andresidential district boundaries;

(3) Natureof uses on adjacent and nearby properties;

(4) Surrounding topography;

(5) Surrounding tree coverage and foliage;

(6)Design of the tower, with particular reference to designcharacteristics that have the effect of reducing oreliminating visual obtrusiveness;

(7) Proposed ingress and egress; and

(8) Availability of suitable existing towers and otherstructures as discussed in Section 6(d) of this Ordinance.

d. Availability of Suitable Existing Towers or Other Structures. No newtoweror antennae shall be permitted unless the applicant demonstrates tothe reasonable satisfaction of theBoard of Adjustment

that no existingtower, antennae site, structure or alternative technology that does notrequire the use of towers or structures canaccommodate the applicant’sproposed tower or antennae. Evidence submitted to demonstrate that noexisting tower, antennae site, or structure can accommodate theapplicant’s proposed tower or antenna may consist of any of thefollowing:

(1) No existing towers, antennae site or structures arelocated within the geographic area required to meetapplicant’s engineering requirements.

(2) Existing towers, antennae site or structures are not ofsufficient height to meet applicant’s engineeringrequirements.

(3) Existing towers, antennae sites or structures do not havesufficient structural strength to support applicant’sproposed tower or antennae and related equipment.

(4) The applicant’s proposed tower or antenna would causeelectromagnetic interference with the antennae on theexisting towers, antennae sites or structures, or the antennaeon the existing towers or structures would cause

9

interference with the applicant’s proposed tower orantenna.

(5) The fees, costs or contractual provisions required by theowner in order to share an existing tower, antennae site orstructure, or to adapt an existing tower, antennae site orstructure for sharing are unreasonable. Costs exceedingnew tower or antennae development are presumed to beunreasonable, and a costcomparison shall be admissibleevidence of same.

(6) The applicant demonstrates that there are significantother limiting factors that render existing towers, antennaesites and structures unsuitable.

(7) Applicant shall have the affirmative obligation ofproving that it has attempted to enter into a contract withthe owners of the existing towers, antennae sites andstructures:

(a) This obligation shall include copies of allcorrespondence as to rates, cost of contributions, etc.

(b) Copies of rejection of the offers propounded on theapplicant by the owners of the existing structures, antennaesites and/or towers.

(8) The Applicant shall further demonstrate that analternative technology that does not require the use oftowers, antennae or structures, such as a cablemicro cell

network using multiple low-powered transmitters/receiversattached to a wireline system, is unsuitable. Costs ofalternative technology that exceed new tower or antennadevelopment shall not be presumed to render thetechnology unsuitable.

e. Setbacks. The following setback requirements shall apply to allnewtowers for which a usevariance

is required;

provided, however, that theEdgewater Zoning Board of Adjustment

may reduce the standard setbackrequirements

in any industrial or commercial zoning district

if the goals ofthis Ordinance would be better served thereby:

(1) Towers must be set back a distance equal to the heightof the tower from any adjoining lot line.

f. Security Fencing. Towers shall be enclosed by security fencing not lessthan eight (8) feet in height, and shall be slatted and equipped with anappropriate anti-climbing device; provided, however, that

theZoningBoard of Adjustment

may grant a variance of such requirements as itdeems appropriate.

10

g. Landscaping. The following requirements shall govern the landscapingsurrounding the towers for which a usevariance

is required; provided,however, that

theZoningBoard

of Adjustment

may grant varianceof suchrequirements if the goals of this Ordinance would be better served thereby.

(1) Tower facilities shall be landscaped with a buffer ofplant materials that effectively screens the view of thetower

compound from adjacent property. The standardbuffer shall consist of a landscaped strip at least four (4)feet wide and twelve (12) feet high outside the perimeter ofthe compound.

(2) Existing mature tree growth and natural land forms onthe site shall be preserved to the maximum extent possible.

SECTION7:

CREATION OF A NEWSECTION249-117,ENTITLED“BUILDINGS AND

OTHER EQUPIMENT STORAGE”.

A new section 149-117 is hereby established, entitled “Bulk standards forbuildings and other equipment storage”, which shall read as follows:

§249-117.Bulk standards for buildings and other equipment storage.

(a) Antennae Mounted on Structures or Rooftops. The equipment cabinetor structure used in association withanantennae

facility

shall comply withthe following:

(1) The cabinet or structure shall not contain more than 200square feet of gross floor area, or be more than 15 feet inheight. In addition, for buildings and structures which areless than sixty (60) feet in height, the related unmannedequipment structure, if over 150 square feet of gross floorarea or 12 feet in height, shall be located on the

ground and shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of thebuilding,thenthe area of the equipment structure and otherequipment and structures shall not occupy more than 15percent of the roof area.

Antennae Located onTowers.The related unmanned equipmentstructure shall not contain more than 200 square feet of gross floor area orbe more than 15 feet in height, and shall be located in accordance with theminimum yard requirements of the zoning district in which located.

11

(c) Modification of Building Size Requirements. The requirements ofSection 8(a) and (b) may be modified by the Planning Board, when doingso would encourage co-location by multiple users.

SECTION8:

CREATION OF A NEWSECTION249-118,ENTITLED“LETTER OF INTENT”.

A new section 249-118 is hereby established, entitled “Letter of intent”, whichshall read as follows:

§249-118. Letter of intent.

A Letter of Intent shall be provided by all Applicants seeking approval toconstruct a wireless communication tower, committing the tower

ownerand its successors to allow the shared use of the tower

if additional usersagree in writing to meet reasonable terms and conditions for shared use,and that the tower owner acknowledges and agrees that its successorsand/or individual users shall be bound and will conform to therequirements of this Ordinance, as applicable.

SECTION9:

CREATION OF A NEWSECTION249-119,ENTITLED“REMOVAL OF

ABANDONED ANTENNAE AND TOWERS”.

A new section 249-119 is hereby established, entitled “Removal of abandonedtowers and antennae”, which shall read as follows:

§249-119. Removal of abandoned antennae and towers.

Any antenna or tower that is not operated for a continuous periodof twelve (12) months shall be considered abandoned; and theowner of such antenna

or tower shall remove same within ninety (90) days of receipt ofnotice from the Edgewater Building Department notifying theowner of such abandonment. If such antenna or tower is notremoved within said ninety (90) day period, the Mayor andCouncil may order the removal of such antenna or tower at theowner’s expense, and lien the property for the costs associatedtherewith, inclusive of professional fees. If there are two or moreusers of a single tower, then this provision shall not becomeeffective until all users cease using the tower.

(a) Preexisting Towers. Preexisting towers shall be allowed to continuetheir usage as they presently exist. Routine maintenance (includingreplacement with a new tower of like construction and height) shall bepermitted on such

12

preexisting towers. New construction other than routine maintenance on apreexisting tower shall be performed in compliance with the requirementsof this Ordinance.

(b) Rebuilding Damaged or Destroyed Nonconforming Towers orAntennas. Nonconforming towers or antennas that are damaged ordestroyed may be rebuilt without having to first obtain administrativeapproval or a conditional use permit. The type, height and location of thetower on-site shall be of the identical type and intensity as the originalfacility. Building permits to rebuild the facility shall comply with the thenapplicable building codes, and shall be obtained within 180 days from thedate the facility is damaged or destroyed. If no permit is obtained or ifsaid permit expires, the tower or antenna shall be deemed abandonedasspecified in Section VIX.

SECTION11:

CREATION OF A NEWSECTION249-122,

ENTITLED“APPROVALS;

COMPLIANCE WITH LAWS.

A new section 249-122 is hereby created, entitled “Approvals; compliance withlaws”, which shall read as follows:

§249-122. Approvals; compliance with laws.

The applicant’s use of the premises is contingent upon its obtaining allcertificates, permits, zoning and other approvals that may be required byany federal, state or local authority. The applicant shall erect, maintainand operate its antenna facilities in accordance with site standards,statutes, ordinances, rules and regulations now in effect, or that may beissued hereafter by the Federal Communications Commission or any othergoverning bodies. Should any conflict arise between local zoningordinances and rules or regulations promulgated by the F.C.C., the F.C.C.rules and regulations shall govern.

SECTION12:

CREATION OF A NEWSECTION249-123,

ENTITLED

A new section 249-123 is hereby established, entitled “fees”, which shall read as

follows:

§249-123. Fees.

(a)

All wireless telecommunication towers and antennae facilities within theBorough of Edgewater, which are used to provide any telecommunicationservices for a fee, are required to be registered by the

owner of the tower orantennae facility with the Borough. The registration forms shall be providedby the Edgewater Building Department. A fee of Two Hundred Fifty($250.00) Dollars, plus One ($1.00) Dollar for each foot of tower or antennaeheight of the tallest antennae shall be charged for the registration.

(b)

Each owner shall inform the Borough within sixty (60) days of any changes tothe information set forth in the registration form.

(c)

The registration of all wireless telecommunication towers and antennaefacilities must be renewed on an annual basis, and no later than January 31st

ofeach year. The registration form must be accompanied by the fee to beaccepted. The tower/antennae owner shall submit the registration form andfee to the Borough Building Department for review and processing.

13

(d)

A late fee of Twenty Five ($25.00) Dollars shall be charged for each monththat the registration and accompanying fee is not received by the Borough.

(e)

An applicant who co-locates on an existing tower or antennae facility shallpay a reduced renewal registration fee of One Hundred ($100.00) Dollars.The registration fee of the owner of the tower or antennae facility on whichanother provider co-locates shall be reduced to One Hundred Fifty ($150.00)Dollars, said reduction shall commence in the year following the co-location.

SECTION13:

CREATION OF A NEWSECTION249-124,

ENTITLED“SEVERABILITY”.

A new section 249-124

is hereby established, entitled “Severability”, which shallread as follows:

§249-124. Severability.

(a) If any provision of this Ordinance or the application of said provisionto any person or circumstance is declared invalid, such invalidity shall notaffect

the remaining section of this Ordinance;

(b) This Ordinance and the provisions hereinare declared to be severable;

(c) If any provisions of this Ordinance or the application of such provisionto any person or circumstance is declared unconstitutional, same shall notaffect

the remaining section of this Ordinance;

(d) All Ordinances or part thereof inconsistent herewith are herebyrepealed to the extent of such inconsistencies of this Ordinance and to thisend the provisions of this act are declared to be severable.

The applicant shall, at its expense, comply with all present and futurefederal, state and local laws, ordinances, rulesand regulations (includinglaws and ordinances relating to health, radio frequency emissions, otherradiation and safety) in connection with the use, operation, maintenance,construction and/or installation of the Antennae Facilities and/or thePremises. The Municipality agrees to reasonably cooperate with theapplicant in obtaining, at applicant’s expense (including theMunicipality’s reasonable attorney and administrative fees), any federallicenses and permits required for or substantially required by theapplicant’s use of the premises.

SECTION15:

CREATION OF A NEWSECTION249-126,

ENTITLED“ENFORCEMENT”.

A new section 249-126

is hereby established, entitled “Enforcement”, which shallread as follows:

§249-126. Enforcement; hold harmless; penalties.

14

(a)

The provisions of this ordinance will be enforced by the BoroughZoning Officer and Borough Construction Official, as appropriate.

(b) The owner of any tower or antennae facility shall indemnify and hold

the Borough harmless against any and all claims, suits, cause of actionor judgments arising from any injury, including death or damagecaused by the construction and operation of the tower or antennaefacility.

(c) Any person, firm, or corporation who violates any of the provisions

of this Chapter, or any amendment or supplement thereof, shall bedeemed guilty of a violation and, upon conviction thereof in a courtof competent jurisdiction, shall be fined not more than $250.00. Eachand every day during which such violation, illegal location, erection,construction, reconstruction, enlargement, change, maintenance oruse continues shall be deemed a separate offense.

SECTION16:

CREATION OF A NEWSECTION249-127,

ENTITLED“REPEALER”.

A new section 249-127

is hereby established, entitled “Repealer”, which shallread as follows:

§249-127. Repealer.

Any Ordinances or parts thereof in conflict with the provisions of thisOrdinance are hereby repealed to the extent of such conflict.

SECTION17:

EFFECTIVE DATE.

This ordinance shall take effect twenty (20) days after the first publication thereof afterfinal passage and filing with the Bergen County Planning Board and the Borough TaxAssessor.